The State provides the deposition testimony of Carlisle Moody, a professor, who opines that, “[f]irearms fitted with large capacity magazines can be used to cause death and injury in public shooting incidents, and can also result in more rounds fired and more homicides in general than similar firearms with smaller magazines,” but concedes this conclusion is simply theoretical. DX-7 at 472-73 (Q. And what is the basis for that statement? How did you arrive at that conclusion? A. Just theoretically.”). Furthermore, the same can be said of a 10-round magazine versus a 7-round magazine, or a 7-round magazine versus a 2-round Derringer.
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Let's give HON. ROGER T. BENITEZ some love - post your favorite line from the ruling.
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St. Benitez and 5D chess, turning state's argument back on them:
State expert John J. Donahue goes farther and opines that private individuals only need to “brandish” a gun to scare off criminals. So, the notion that a stray round may penetrate a wall does not translate into
any greater risk of bystander injury when a large capacity magazine is used by a defender since it will likely be used only for brandishing or for the average 2.3 shots. Even safer may be a large capacity magazine on an AR-15 type of rifle as it is likely to be more persuasive when brandished at criminal assailants than would a five-shot revolver.Comment
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"lethal pause" vs. the State's proposed "critical pause":
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Cali Savior St. Benitez writes...
This decision is a freedom calculus decided long ago by Colonists who cherished individual freedom more than the subservient security of a British ruler. The freedom they fought for was not free of cost then, and it is not free now.
I'm done. What a great read that was.Comment
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"The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
But California’s ban is far-reaching, absolute, and permanent. The ban on acquisition and possession on magazines able to hold more than 10 rounds, together with the substantial criminal penalties threatening a law-abiding, responsible, citizen who desires such magazines to protect hearth and home, imposes a burden on the constitutional right that this Court judges as severe.Comment
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Please take on the bullet button/featureless case.
That would be another epic opinion.Comment
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There's so much awesomeness it's hard to pick just one.
That being said, I'm partial to this one. Because it smacks the s*** out of any tyrannical government official that thinks they can ban the AR-15. It re-states what Heller already confirmed.
Over the last three decades, one of the most popular civilian rifles in America is the much maligned AR-15 style rifle. Manufactured with various characteristics by numerous companies, it is estimated that more than five million have been bought since the 1980s. These rifles are typically sold with 30-round magazines. These commonly owned guns with commonly-sized magazines are protected by the Second Amendment and Heller’s simple test for responsible, law-abiding citizens to use for target practice, hunting, and defense.Last edited by Redeyedrider; 04-07-2019, 8:26 PM.We have too much to lose and so we'll lose it all - sd_shooterI try to frame my response to be useful to those observing, with little regard to convince the opponent of my awesomeness - EM2It's hard to win an argument with a smart person, but it's impossible to win an argument with a stupid person - WhitefangComment
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We have too much to lose and so we'll lose it all - sd_shooterI try to frame my response to be useful to those observing, with little regard to convince the opponent of my awesomeness - EM2It's hard to win an argument with a smart person, but it's impossible to win an argument with a stupid person - WhitefangComment
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Leave a Positive Rating and Professional Comment for Judge Roger T. Benitez
The Honorable Judge Roger T. Benitez defended our Constitution and the rights of the citizens of California.
If you appreciate the service he's doing for the citizens of our country, please leave a positive rating and professional comment here:
NOTE: The first 8 options should be given a score of 10. The last 6 options should be in the middle of the road.
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